Yes. Immigrants granted interim U-Visa relief should have completed and filed Form I-918 prior to April 14, 2008. However, an immigrant granted interim relief does not have to file I-918 Supplement B (Certification from a Qualifying Agency).

No. There is no filing fee for applicants for the U-Visa or for qualifying family members.

Yes. You are still eligible to apply for a U-Visa even if you have a deportation order. Once the U-Visa is approved, you will need to file a motion to reopen the deportation order with the Immigration Court. Alternatively, if you are about to be ordered deported, you must file a Stay to the deportation.

There is no deadline for immigrants who are applying for U-Visa relief.

Yes. The immigrant must have been physically present in the U.S. for a continuous period of at least 3 years since the date of the issuance of the U-Visa. In addition, Immigration must determine that the immigrant's continued presence in the United States should be granted on humanitarian grounds in order to keep family unity, or is otherwise in the best interest of the public.

The following organizations provide assistance for individuals seeking U-Visas.

Center for Employment Training - Immigration & Citizenship Program
701 Vine St, Suite 114
San Jose, Ca 95110

US Government Immigration & Naturalization Service
1887 Monterey Hwy
San Jose, Ca 95111

Bay Area Legal Aid
4 North 2nd Street, Suite 600
San Jose, CA 95113
(408)-850-7066

Catholic Charities
2625 Zanker Rd, Suite 201
San Jose, Ca 95134
(408) 944-0691

Eastside Neighborhood Center
2150 Alum Rock Ave
San Jose, CA 95116
(408) 468-0100
(Eastside residents only)

U-Visa status cannot exceed 4 years. After 3 years, an immigrant in U-Visa status can apply for permanent resident status (Green Card).

Yes. Immigration may grant no more than 10,000 U-Visas in any fiscal year (October 1 through September 30). The limit does not apply to spouses, children, parents, and unmarried siblings who are accompanying or following to join the principal undocumented victim.

If the cap is reached in any fiscal year before all petitions are adjudicated, Immigration will create a waiting list.

Applicants placed on the waiting list will be given deferred action (they will be eligible to apply for employment authorization and permitted to travel) until their petitions can be adjudicated after the start of the following fiscal year.

Yes. Immigrants, who are victims of a qualifying crime, and their family members, can apply for a U-Visa either from outside the United States, as long as the qualifying crime was committed either:

• While the immigrant was in the United States, or
• By a United States citizen.

The immigrant and family members will file for the U-Visa with the U.S. Embassy or Consulate in the immigrant's country.

A family member of a U-Visa applicant cannot apply for a U-Visa on his or her own behalf. However, the U-Visa applicant can file a petition on behalf of family members:

• If the U-Visa applicant is less than 21 years of age, the applicant can file for or her spouse, children, unmarried siblings under 18, and parents.
• If the U-Visa applicant is 21 or older, he or she can file for his or her spouse and the applicant's children.

The applicant must file Form I-918, Supplement A, for qualifying family members.

Yes. The U Nonimmigrant Status (Form I-918, Supplement B) is a USCIS form which must be completed and signed by the agency or authority responsible for the investigation or prosecution. The person completing and signing the I-918 must either be:

• The head of the agency, or
• A supervisor designated by the agency and authorized to issue a certification on behalf of the agency.

An immigrant who is the victim of one of the listed crimes must obtain a certification from a federal, state, or local law enforcement agency, or a prosecutor, judge, or other authority, which is responsible for the investigation or prosecution of the crime. Other agencies such as Child Protective Services, the Equal Employment Opportunity Commission and the Department of Labor can also issue a certification.

You may obtain a Law Enforcement Certification from the San Jose Police Department. For more information fill out our Contact Form submitted directly to the Court Liaison Unit, or call 408-537-1296.

A U-Visa applicant must have a previous police report documenting the qualifying crime or the application will not be processed. A U-Visa applicant can document a qualifying crime by either contacting the police agency where the qualifying crime occurred or by filing a report with the San Jose Police Department, either in person, or online.

U-Visa applicants desiring to submit supporting material with the U-Visa application may only submit supporting material to the United States Citizenship Immigration Service (USCIS) after the U-Visa application has been processed by a law enforcement agency or other agency responsible for the investigation or prosecution of the qualifying crime.

The law gives law enforcement agencies the ability to investigate and prosecute certain types of criminal cases, including domestic violence, sexual assault, trafficking of aliens and other crimes, while at the same time offering protection to victims of such crimes.

The law also helps law enforcement agencies provide assistance to immigrants who are victims of crime.

How to Apply for a U-Visa

The U-Visa program normally begins with a request being received by San Jose Police Department, usually through the victim's advocate and/or attorney. The Department's role is to certify that:

• The U-Visa applicant is the victim of a qualifying crime
• The applicant is, has been, or is likely to be helpful in the investigation or prosecution of the criminal activity.

U-Visa applications can be mailed to the San Jose Police Department located at:

San Jose Police Department
201. West Mission Street
San Jose, CA 95110
Attention: Court Liaison Unit /U-Visa

A self-addressed stamped envelope must accompany all applications. Applications may also be dropped off in an envelope at the above location.

Please note: If your case was forwarded to the Santa Clara County District Attorney's Office and charges were filed, the U-Visa certification should be forwarded to the "U-Visa clerk" at the Santa Clara County District Attorney's Office for processing. The address is:

Santa Clara County District Attorneys Office
70 West Hedding Street
San Jose, CA 95110
Attention: U-Visa Clerk

Depending on the final disposition of the assessment of "helpfulness," the Department will issue a Law Enforcement Certification (USCIS Form I-918) or deny the request. It is then up to the U-Visa applicant to submit his/her U-Visa application, including the Certification of Assistance, to the United States Citizenship and Immigration Service (USCIS) for processing. The law enforcement agency does not submit the application. The U-Visa application may be filed by the applicant by mail at:

USCIS Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479.

The crimes listed in the table below are considered "qualifying crimes" with regard to the U-Visa program. If you have been a victim of one or more of these crimes and cooperate with authorities, you may be eligible to apply for a U-Visa.

U-Visa Qualifying Crimes:

• Abduction
• Abusive sexual contract
• Blackmail
• Domestic violence
• Extortion
• False imprisonment
• Felonious assault
• Female genital mutilation
• Fraud in foreign labor contracting
• Hostage
• Incest
• Involuntary servitude
• Kidnapping
• Manslaughter
• Murder
• Obstruction of justice
• Peonage
• Perjury
• Prostitution
• Rape
• Sexual assault
• Sexual exploitation
• Slave trade
• Stalking
• Torture
• Trafficking
• Unlawful criminal restraint
• Witness tampering
• Attempt, conspiracy or solicitation to commit any of the above crimes

The U-Visa was created to provide temporary immigration benefits to undocumented immigrants who are victims of qualifying criminal activity, and to their qualifying family members, as appropriate.

The U-Visa is available to undocumented immigrants who have met each of the five criteria listed below:

1. The person has been the victim of one or more qualifying crimes;
2. The person has suffered substantial physical or mental abuse as a result of having been a victim of one or more qualifying crimes;
3. The person has useful information concerning the crime which occurred;
4. The person has helped, or is likely to help, in the investigation or prosecution of the crime; and
5. The crime committed violated the laws of the United States or occurred in the United States.